§ 136w TITLE 7—AGRICULTURE Page 252 

Pub. L. 95–396, §22, Sept. 30, 1978, 92 Stat. 835; 

Pub. L. 100–532, title VIII, §801(m), Oct. 25, 1988, 

102 Stat. 2682.) 

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred 

to in subsec. (c)(3), is act June 25, 1938, ch. 675, 52 Stat. 

1040, as amended, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 

301 of Title 21 and Tables. 

AMENDMENTS

1988—Pub. L. 100–532, §801(m), inserted headings for 

subsecs. (a) to (c) and realigned margins of pars. (1) to 

(4) of subsec. (c). 

1978—Subsec. (a). Pub. L. 95–396 inserted ‘‘federally 

registered’’ before ‘‘pesticide or device’’. 

Subsec. (b). Pub. L. 95–396 substituted ‘‘labeling or 

packaging’’ and ‘‘required under’’ for ‘‘labeling and 

packaging’’ and ‘‘required pursuant to’’, respectively. 

Subsec. (c)(1). Pub. L. 95–396 incorporated existing 

text in provisions designated par. (1) and substituted 

‘‘registration for additional uses of federally registered 

pesticides’’ for ‘‘registration for pesticides’’. 

Subsec. (c)(2). Pub. L. 95–396 incorporated existing 

text in provisions designated par. (2), conditioned disapproval of registration on communication of intention 

to disapprove and reasons for disapproval and provision 

for time to respond, and restricted authority of Administrator to prohibit or disapprove a State registration. 

Subsec. (c)(3). Pub. L. 95–396 added par. (3). 

Subsec. (c)(4). Pub. L. 95–396 incorporated existing 

text in provisions designated par. (4) and authorized 

suspension of registration authority of the State based 

on findings of inability or failure to exercise adequate 

controls following an indication of intention to suspend 

and reasons for the suspension and provision for time 

to respond. 

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100–532 effective on expiration 

of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 

100–532, set out as a note under section 136 of this title. 

EFFECTIVE DATE

For effective date of section, see section 4 of Pub. L. 

92–516, set out as a note under section 136 of this title. 

§ 136w. Authority of Administrator 

(a) In general 

(1) Regulations 

The Administrator is authorized, in accordance with the procedure described in paragraph (2), to prescribe regulations to carry out 

the provisions of this subchapter. Such regulations shall take into account the difference in 

concept and usage between various classes of 

pesticides, including public health pesticides, 

and differences in environmental risk and the 

appropriate data for evaluating such risk between agricultural, nonagricultural, and public health pesticides. 

(2) Procedure 

(A) Proposed regulations 

At least 60 days prior to signing any proposed regulation for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a 

copy of such regulation. If the Secretary 

comments in writing to the Administrator 

regarding any such regulation within 30 days 

after receiving it, the Administrator shall 

publish in the Federal Register (with the 

proposed regulation) the comments of the 

Secretary and the response of the Administrator with regard to the Secretary’s comments. If the Secretary does not comment in 

writing to the Administrator regarding the 

regulation within 30 days after receiving it, 

the Administrator may sign such regulation 

for publication in the Federal Register any 

time after such 30-day period notwithstanding the foregoing 60-day time requirement. 

(B) Final regulations 

At least 30 days prior to signing any regulation in final form for publication in the 

Federal Register, the Administrator shall 

provide the Secretary of Agriculture with a 

copy of such regulation. If the Secretary 

comments in writing to the Administrator 

regarding any such final regulation within 15 

days after receiving it, the Administrator 

shall publish in the Federal Register (with 

the final regulation) the comments of the 

Secretary, if requested by the Secretary, and 

the response of the Administrator concerning the Secretary’s comments. If the Secretary does not comment in writing to the 

Administrator regarding the regulation 

within 15 days after receiving it, the Administrator may sign such regulation for publication in the Federal Register at any time 

after such 15-day period notwithstanding the 

foregoing 30-day time requirement. In taking any final action under this subsection, 

the Administrator shall include among those 

factors to be taken into account the effect of 

the regulation on production and prices of 

agricultural commodities, retail food prices, 

and otherwise on the agricultural economy, 

and the Administrator shall publish in the 

Federal Register an analysis of such effect. 

(C) Time requirements 

The time requirements imposed by subparagraphs (A) and (B) may be waived or 

modified to the extent agreed upon by the 

Administrator and the Secretary. 

(D) Publication in the Federal Register 

The Administrator shall, simultaneously 

with any notification to the Secretary of 

Agriculture under this paragraph prior to 

the issuance of any proposed or final regulation, publish such notification in the Federal Register. 

(3) Congressional committees 

At such time as the Administrator is required under paragraph (2) of this subsection 

to provide the Secretary of Agriculture with a 

copy of proposed regulations and a copy of the 

final form of regulations, the Administrator 

shall also furnish a copy of such regulations to 

the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. 

(4) Congressional review of regulations 

Simultaneously with the promulgation of 

any rule or regulation under this subchapter, 

the Administrator shall transmit a copy 

thereof to the Secretary of the Senate and the 

Clerk of the House of Representatives. The 
Page 253 TITLE 7—AGRICULTURE § 136w 

rule or regulation shall not become effective 

until the passage of 60 calendar days after the 

rule or regulation is so transmitted. 

(b) Exemption of pesticides 

The Administrator may exempt from the requirements of this subchapter by regulation any 

pesticide which the Administrator determines 

either (1) to be adequately regulated by another 

Federal agency, or (2) to be of a character which 

is unnecessary to be subject to this subchapter 

in order to carry out the purposes of this subchapter. 

(c) Other authority 

The Administrator, after notice and opportunity for hearing, is authorized— 

(1) to declare a pest any form of plant or animal life (other than man and other than bacteria, virus, and other micro-organisms on or 

in living man or other living animals) which is 

injurious to health or the environment; 

(2) to determine any pesticide which contains any substance or substances in quantities highly toxic to man; 

(3) to establish standards (which shall be 

consistent with those established under the 

authority of the Poison Prevention Packaging 

Act (Public Law 91–601) [15 U.S.C. 1471 et seq.]) 

with respect to the package, container, or 

wrapping in which a pesticide or device is enclosed for use or consumption, in order to protect children and adults from serious injury or 

illness resulting from accidental ingestion or 

contact with pesticides or devices regulated by 

this subchapter as well as to accomplish the 

other purposes of this subchapter; 

(4) to specify those classes of devices which 

shall be subject to any provision of section 

136(q)(1) or section 136e of this title upon the 

Administrator’s determination that application of such provision is necessary to effectuate the purposes of this subchapter; 

(5) to prescribe regulations requiring any 

pesticide to be colored or discolored if the Administrator determines that such requirement 

is feasible and is necessary for the protection 

of health and the environment; and 

(6) to determine and establish suitable 

names to be used in the ingredient statement. 

(d) Scientific advisory panel 

(1) In general 

The Administrator shall submit to an advisory panel for comment as to the impact on 

health and the environment of the action proposed in notices of intent issued under section 

136d(b) of this title and of the proposed and 

final form of regulations issued under subsection (a) of this section within the same 

time periods as provided for the comments of 

the Secretary of Agriculture under such section 136d(b) and subsection (a) of this section. 

The time requirements for notices of intent 

and proposed and final forms of regulation 

may not be modified or waived unless in addition to meeting the requirements of section 

136d(b) of this title or subsection (a) of this 

section, as applicable, the advisory panel has 

failed to comment on the proposed action 

within the prescribed time period or has 

agreed to the modification or waiver. The Administrator shall also solicit from the advisory panel comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of scientific analyses made by personnel of the Environmental Protection Agency that lead to 

decisions by the Administrator in carrying out 

the provisions of this subchapter. The comments, evaluations, and recommendations of 

the advisory panel submitted under this subsection and the response of the Administrator 

shall be published in the Federal Register in 

the same manner as provided for publication 

of the comments of the Secretary of Agriculture under such sections. The chairman of 

the advisory panel, after consultation with the 

Administrator, may create temporary subpanels on specific projects to assist the full advisory panel in expediting and preparing its 

evaluations, comments, and recommendations. 

The subpanels may be composed of scientists 

other than members of the advisory panel, as 

deemed necessary for the purpose of evaluating scientific studies relied upon by the Administrator with respect to proposed action. 

Such additional scientists shall be selected by 

the advisory panel. The panel referred to in 

this subsection shall consist of 7 members appointed by the Administrator from a list of 12 

nominees, 6 nominated by the National Institutes of Health and 6 by the National Science 

Foundation, utilizing a system of staggered 

terms of appointment. Members of the panel 

shall be selected on the basis of their professional qualifications to assess the effects of 

the impact of pesticides on health and the environment. To the extent feasible to insure 

multidisciplinary representation, the panel 

membership shall include representation from 

the disciplines of toxicology, pathology, environmental biology, and related sciences. If a 

vacancy occurs on the panel due to expiration 

of a term, resignation, or any other reason, 

each replacement shall be selected by the Administrator from a group of 4 nominees, 2 submitted by each of the nominating entities 

named in this subsection. The Administrator 

may extend the term of a panel member until 

the new member is appointed to fill the vacancy. If a vacancy occurs due to resignation, 

or reason other than expiration of a term, the 

Administrator shall appoint a member to 

serve during the unexpired term utilizing the 

nomination process set forth in this subsection. Should the list of nominees provided 

under this subsection be unsatisfactory, the 

Administrator may request an additional set 

of nominees from the nominating entities. The 

Administrator may require such information 

from the nominees to the advisory panel as 

the Administrator deems necessary, and the 

Administrator shall publish in the Federal 

Register the name, address, and professional 

affiliations of each nominee. Each member of 

the panel shall receive per diem compensation 

at a rate not in excess of that fixed for GS–18 

of the General Schedule as may be determined 

by the Administrator, except that any such 

member who holds another office or position 

under the Federal Government the compensation for which exceeds such rate may elect to 
§ 136w TITLE 7—AGRICULTURE Page 254 

receive compensation at the rate provided for 

such other office or position in lieu of the 

compensation provided by this subsection. In 

order to assure the objectivity of the advisory 

panel, the Administrator shall promulgate 

regulations regarding conflicts of interest 

with respect to the members of the panel. The 

advisory panel established under this section 

shall be permanent. In performing the functions assigned by this subchapter, the panel 

shall consult and coordinate its activities with 

the Science Advisory Board established under 

the Environmental Research, Development, 

and Demonstration Authorization Act of 1978 

[42 U.S.C. 4365]. Whenever the Administrator 

exercises authority under section 136d(c) of 

this title to immediately suspend the registration of any pesticide to prevent an imminent 

hazard, the Administrator shall promptly submit to the advisory panel for comment, as to 

the impact on health and the environment, the 

action taken to suspend the registration of 

such pesticide. 

(2) Science Review Board 

There is established a Science Review Board 

to consist of 60 scientists who shall be available to the Scientific Advisory Panel to assist 

in reviews conducted by the Panel. Members of 

the Board shall be selected in the same manner as members of temporary subpanels created under paragraph (1). Members of the 

Board shall be compensated in the same manner as members of the Panel. 

(e) Peer review 

The Administrator shall, by written procedures, provide for peer review with respect to 

the design, protocols, and conduct of major scientific studies conducted under this subchapter 

by the Environmental Protection Agency or by 

any other Federal agency, any State or political 

subdivision thereof, or any institution or individual under grant, contract, or cooperative 

agreement from or with the Environmental Protection Agency. In such procedures, the Administrator shall also provide for peer review, using 

the advisory panel established under subsection 

(d) of this section or appropriate experts appointed by the Administrator from a current list 

of nominees maintained by such panel, with respect to the results of any such scientific studies relied upon by the Administrator with respect to actions the Administrator may take relating to the change in classification, suspension, or cancellation of a pesticide. Whenever 

the Administrator determines that circumstances do not permit the peer review of the results of any such scientific study prior to the 

Administrator’s exercising authority under section 136d(c) of this title to immediately suspend 

the registration of any pesticide to prevent an 

imminent hazard, the Administrator shall 

promptly thereafter provide for the conduct of 

peer review as provided in this sentence. The 

evaluations and relevant documentation constituting the peer review that relate to the proposed scientific studies and the results of the 

completed scientific studies shall be included in 

the submission for comment forwarded by the 

Administrator to the advisory panel as provided 

in subsection (d) of this section. As used in this 

subsection, the term ‘‘peer review’’ shall mean 

an independent evaluation by scientific experts, 

either within or outside the Environmental Protection Agency, in the appropriate disciplines. 

(June 25, 1947, ch. 125, §25, as added Pub. L. 

92–516, §2, Oct. 21, 1972, 86 Stat. 997; amended 

Pub. L. 94–140, §§2(a), 6, 7, Nov. 28, 1975, 89 Stat. 

751, 753; Pub. L. 95–396, §23, Sept. 30, 1978, 92 Stat. 

836; Pub. L. 96–539, §§1, 2(a), 4, Dec. 17, 1980, 94 

Stat. 3194, 3195; Pub. L. 98–201, §1, Dec. 2, 1983, 97 

Stat. 1379; Pub. L. 98–620, title IV, §402(4)(D), 

Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100–352, §6(i), 

June 27, 1988, 102 Stat. 664; Pub. L. 100–532, title 

VI, §§602, 605, title VIII, §801(n), Oct. 25, 1988, 102 

Stat. 2678, 2679, 2683; Pub. L. 102–237, title X, 

§1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895; Pub. 

L. 104–170, title I, §104, title II, §235, Aug. 3, 1996, 

110 Stat. 1490, 1509.) 

REFERENCES IN TEXT

The Poison Prevention Packaging Act, referred to in 

subsec. (c)(3), is Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 

1670, as amended, which is classified principally to 

chapter 39A (§1471 et seq.) of Title 15, Commerce and 

Trade. For complete classification of this Act to the 

Code, see Short Title note set out under section 1471 of 

Title 15, and Tables. 

References in subsec. (c)(4) to ‘‘section 136(q)(1)’’ was, 

in the original, a reference to ‘‘paragraph 2(q)(1)’’ and 

has been editorially translated as ‘‘section 136(q)(1)’’ as 

the probable intent of Congress. 

The Environmental Research, Development, and 

Demonstration Authorization Act of 1978, referred to in 

subsec. (d), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257, 

as amended. Provisions of the Act establishing the 

Science Advisory Board are classified to section 4365 of 

Title 42, The Public Health and Welfare. For complete 

classification of this Act to the Code, see Tables. 

AMENDMENTS

1996—Subsec. (a)(1). Pub. L. 104–170, §235, inserted 

‘‘, including public health pesticides,’’ after ‘‘various 

classes of pesticides’’ and substituted 

‘‘, nonagricultural, and public health pesticides’’ for 

‘‘and nonagricultural pesticides’’. 

Subsec. (d). Pub. L. 104–170, §104, designated existing 

text as par. (1), inserted heading, and added par. (2). 

1991—Subsec. (a)(3). Pub. L. 102–237, §1006(b)(1), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall’’. 

Subsec. (b). Pub. L. 102–237, §1006(b)(1), substituted 

‘‘the Administrator’’ for ‘‘he’’ before ‘‘determines’’. 

Subsec. (c)(4). Pub. L. 102–237, §1006(b)(2), substituted 

‘‘the Administrator’s’’ for ‘‘his’’. 

Subsec. (c)(5). Pub. L. 102–237, §1006(b)(1), substituted 

‘‘the Administrator’’ for ‘‘he’’ before ‘‘determines’’. 

Subsec. (d). Pub. L. 102–237, §1006(b)(1), substituted 

‘‘the Administrator’’ for ‘‘he’’ before ‘‘deems necessary’’ and before ‘‘shall publish’’. 

1988—Subsec. (a). Pub. L. 100–532, §801(n)(1), amended 

heading and directed that pars. (1) to (3) be aligned at 

left margin with subsec. (c)(1), and that subpars. (A) to 

(D) of par. (2) be indented, and in par. (3) substituted 

‘‘Committee on Agriculture, Nutrition, and Forestry’’ 

for ‘‘Committee on Agriculture and Forestry’’. 

Subsec. (a)(4). Pub. L. 100–532, §605, amended par. (4) 

generally, substituting single unlettered par. (4) for 

former subpars. (A) to (E). 

Pub. L. 100–352, in subpar. (E), struck out ‘‘(i)’’ before 

‘‘Any interested’’ and struck out cl. (ii) which provided 

that notwithstanding any other provision of law, any 

decision on a matter certified under cl. (i) of this subparagraph be reviewable by appeal directly to the Supreme Court of the United States, with such appeal to 

be brought not later than 20 days after the decision of 

the court of appeals. 

Subsec. (d). Pub. L. 100–532, §602, substituted ‘‘section 

shall be permanent’’ for ‘‘subsection shall terminate 

September 30, 1987’’. 
Page 255 TITLE 7—AGRICULTURE § 136w–1 

Subsec. (e). Pub. L. 100–532, §801(n)(2), substituted 

‘‘pesticide. Whenever’’ for ‘‘pesticide: Provided, That 

whenever’’. 

1984—Subsec. (a)(4)(E)(iii). Pub. L. 98–620 struck out 

cl. (iii) requiring the court of appeals and the Supreme 

Court to advance on the docket and expedite the disposition of any matter certified under cl. (i) of this subparagraph. 

1983—Subsec. (d). Pub. L. 98–201 in fourth sentence, 

inserted ‘‘under this subsection’’ after ‘‘submitted’’; in 

eighth sentence, provided for utilization of a system of 

staggered terms of appointment and substituted ‘‘7’’ 

and ‘‘6’’ for ‘‘seven’’ and ‘‘six’’, respectively, and inserted ninth through fourteenth sentences respecting 

basis for selection of members, multidisciplinary representation, appointments to fill vacancies, extension 

of term pending filling of vacancies, appointment for 

unexpired term, and request for additional set of nominees from nominating entities; and in present eighteenth, formerly twelfth sentence, extended termination 

date to Sept. 30, 1987, from Sept. 30, 1981. 

1980—Subsec. (a)(4). Pub. L. 96–539, §4, added par. (4). 

Subsec. (d). Pub. L. 96–539, §1, inserted provisions relating to composition of subpanels and submissions to 

advisory panels respecting registration suspensions. 

Subsec. (e). Pub. L. 96–539, §2(a), added subsec. (e). 

1978—Subsec. (a)(1). Pub. L. 95–396, §23(1), required 

regulations to take into account differences in environmental risk and appropriate data for evaluating such 

risk between agricultural and nonagricultural pesticides. 

Subsec. (a)(2)(B). Pub. L. 95–396, §23(2), required the 

Administrator, before taking any final action, to consider certain factors bearing on the agricultural economy and to publish an analysis of the effect in the Federal Register. 

Subsec. (d). Pub. L. 95–396, §23(3), (4), required the Administrator to solicit operating guidelines from the scientific advisory panel to improve scientific analyses 

made by personnel of the Environmental Protection 

Agency that lead to decisions by the Administrator in 

carrying out this subchapter; extended requirement of 

publication in the Federal Register to evaluations and 

recommendations of the advisory panel; authorized creation of temporary subpanels on specific projects to assist in accelerating the work of the advisory panel; set 

forth Sept. 30, 1981, as the termination date of the advisory panel; and required the panel to consult and coordinate its activities with the Science Advisory Board 

established under section 4365 of title 42. 

1975—Subsec. (a)(1). Pub. L. 94–140, §2(a)(1), (2), redesignated existing provision as subsec. (a)(1) and inserted 

‘‘, in accordance with the procedure described in paragraph (2),’’ after ‘‘is authorized’’. 

Subsec. (a)(2). Pub. L. 94–140, §2(a)(3), added par. (2). 

Subsec. (a)(3). Pub. L. 94–140, §6, added par. (3). 

Subsec. (d). Pub. L. 94–140, §7, added subsec. (d). 

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100–532 effective on expiration 

of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 

100–532, set out as a note under section 136 of this title. 

Amendment by Pub. L. 100–352 effective ninety days 

after June 27, 1988, except that such amendment not to 

apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see section 7 of Pub. L. 100–352, 

set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–620 not applicable to cases 

pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, 

set out as an Effective Date note under section 1657 of 

Title 28, Judiciary and Judicial Procedure. 

EFFECTIVE DATE OF 1980 AMENDMENT

Pub. L. 96–539, §2(b), Dec. 17, 1980, 94 Stat. 3195, provided that: ‘‘The provisions of this section [amending 

this section] shall become effective upon publication in 

the Federal Register of final procedures for peer review 

as provided in this section, but in no event shall such 

provisions become effective later than one year after 

the date of enactment of this Act [Dec. 17, 1980].’’ 

EFFECTIVE DATE

For effective date of section, see section 4 of Pub. L. 

92–516, set out as a note under section 136 of this title. 

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY

RATES

References in laws to the rates of pay for GS–16, 17, 

or 18, or to maximum rates of pay under the General 

Schedule, to be considered references to rates payable 

under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] 

of Pub. L. 101–509, set out in a note under section 5376 

of Title 5. 

USER FEES

Pub. L. 101–508, title I, §1204(e), Nov. 5, 1990, 104 Stat. 

1388–11, provided that: ‘‘Notwithstanding any provision 

of the Omnibus Budget Reconciliation Act of 1990 [Pub. 

L. 101–508, see Tables for classification], nothing in this 

title or the other provisions of this Act shall be construed to require or authorize the Administrator of the 

Environmental Protection Agency to assess or collect 

any fees or charges for services and activities authorized under the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136 et seq.).’’ 

§ 136w–1. State primary enforcement responsibility 

(a) In general 

For the purposes of this subchapter, a State 

shall have primary enforcement responsibility 

for pesticide use violations during any period for 

which the Administrator determines that such 

State— 

(1) has adopted adequate pesticide use laws 

and regulations, except that the Administrator may not require a State to have pesticide use laws that are more stringent than 

this subchapter; 

(2) has adopted and is implementing adequate procedures for the enforcement of such 

State laws and regulations; and 

(3) will keep such records and make such reports showing compliance with paragraphs (1) 

and (2) of this subsection as the Administrator 

may require by regulation. 

(b) Special rules 

Notwithstanding the provisions of subsection 

(a) of this section, any State that enters into a 

cooperative agreement with the Administrator 

under section 136u of this title for the enforcement of pesticide use restrictions shall have the 

primary enforcement responsibility for pesticide 

use violations. Any State that has a plan approved by the Administrator in accordance with 

the requirements of section 136i of this title that 

the Administrator determines meets the criteria 

set out in subsection (a) of this section shall 

have the primary enforcement responsibility for 

pesticide use violations. The Administrator 

shall make such determinations with respect to 

State plans under section 136i of this title in effect on September 30, 1978, not later than six 

months after that date. 

(c) Administrator 

The Administrator shall have primary enforcement responsibility for those States that